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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: Noman
Full Name: Noman Zafar
User since: 1/Jan/2007
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Questions on misconduct on part of the Chief Justice of Pakistan

The lawyers (at least a vocal visible number) want the Presidential Reference against the Chief Justice of Pakistan withdrawn. Will this withdrawal solve and settle all the allegations against the Chief Justice of Pakistan (CJP)? Would it not, as Dr. Khalid Ranjha has put it, encourage the use of force to ensure that a case in court is not decided? Is the Supreme Judicial Council holding a trial of the CJP or merely enquiring into a number of factual matters?
There are a large number of assertions made by one side, which have not been denied by the other till date. There has been no response to the letter of Naeem Bokhari dated 16th February 2007, labeled variously as `inspired', `courageous' , `motivated by vested interests', `proper in tenor and correct in content', `designed to seek cheap publicity', `at last a truthful whistle blower', `act of a tool of the President' and so on and so forth.
But what are the questions that remain to be answered by the CJP:

(1) Did Dr. Arslaan Iftikhar secure 693 marks with an overall `C' grade in his Intermediate Examination? With these marks and grade, could he have been admitted into Bolan
Medical College on merits?
Did the Chief Justice of Pakistan approach the Chief Minister of  Baluchistan to nominate Dr. Arsalaan Iftikhar for admission against left over foreign vacant / special seats?
If so, did this act of approaching the Chief Minister Baluchistan constitute misconduct on the part of the Chief Justice of Pakistan?

(2) Did the Chief Justice of Pakistan approach the Chief Minister of Baluchistan to transfer and post his son as Section Officer, Technical in Health Department? If so, was this an act of misconduct on the part of the Chief Justice of Pakistan?

(3) Did the Chief Justice of Pakistan approach the Ministry of Interior, Government of Pakistan to requisition the services of Dr. Arsalaan Iftikhar in FIA? If so, was this an act of misconduct on the part of Chief Justice of Pakistan?

(4) Was the Chief Justice of Pakistan instrumental in confirmation of service of Dr. Arsalaan Iftikhar, much before the completion of his period of probation? If so, was this approach an act of misconduct by the Chief Justice of Pakistan?

(5) Did the Chief Justice of Pakistan use his influence to secure upgradation of Dr. Arsalaan Iftikhar in service with retrospective effect? If so, was this an act of misconduct on the part of the Chief Justice of Pakistan?

(6) Did the Chief Justice of Pakistan use his influence to ensure that Dr. Arsalaan Iftikhar was sent for training to the Police Academy? If so, was the use of this influence an act of misconduct on the part of the Chief Justice of Pakistan?

(7) Was the Chief Justice of Pakistan instrumental in the placement of Dr. Arsalaan Iftikhar's services at the disposal of the Punjab Police? If so, was this an act of misconduct on the part of the Chief Justice of Pakistan?

(8) Did the Chief Justice of Pakistan approach the Prime Minister's Secretariat for the permanent induction of Dr. Arsalaan Iftikhar in the Police Service of Pakistan? If so, was this approach an act of misconduct on the part of the Chief Justice of Pakistan?

(9) Did the Chief Justice of Pakistan call the Secretary Establishment to his residence on 31.5.2007 at 9 pm in connection with the permanent induction of his son onto the Police Service of Pakistan? If so, was the use of this influence an act of misconduct of the Chief Justice of Pakistan?

(10) Did the Chief Justice of Pakistan demand the subsequent deputation of his son to the Punjab Government without a specific mention of the post against which he would be posted? If so, was this demand an act of misconduct on the part of Chief Justice of Pakistan?

(11) Did the Chief Justice of Pakistan insist on an amendment of Rules to make it possible for the induction of FIA officers into the Police Service of Pakistan? If so, was this insistence an act of misconduct on the part of Chief Justice of Pakistan?

(12) Did the Chief Justice of Pakistan pursue the Secretary Establishment on this account? If so, was this pursuit, misconduct on the part of the Chief Justice of Pakistan?

(13) Did the Chief Justice of Pakistan warn the Secretary Establishment of consequences, if the needful for his son was not done? If so, did the warning constitute an act of misconduct by the Chief Justice of Pakistan?

(14) Did the Chief Justice of Pakistan use his influence and authority to ensure the nomination of his son to attend the 2nd Training Course in Combating International Terrorism and Organized Crime in Istanbul? If so, did the use of this influence constitute
misconduct the Chief Justice of Pakistan?

(15) Were seven cars in the use of the Chief Justice of Pakistan at Islamabad? If so, did this use of seven cars constitute misconduct on the part of the Chief Justice of Pakistan?

(16) In addition to the seven cars in Islamabad, did the Chief Justice of Pakistan have the use of fleet of cars in Lahore and Quetta? If so, did the use constitute misconduct of the Chief Justice of Pakistan?

(17) Did the Chief Justice of Pakistan demand vehicles for his use from the Chief Ministers or Governors of the provinces? If so, did this constitute misconduct on the part of the Chief Justice of Pakistan?

(18) Were the demands made for protocol by the Chief Justice of Pakistan not previously sought by or provided to any Chief Justice of Pakistan? If so, did these demands for protocol constitute misconduct by the Chief Justice of Pakistan?

(19) Were demands made for senior bureaucrats to receive the Chief Justice of Pakistan at airports in Provincial capitals? If so, did these demands constitute misconduct by the Chief Justice of Pakistan?

(20) Did the Chief Justice of Pakistan demand the use of planes and helicopters from Governors or Chief Ministers of Provinces? If so, did this constitute misconduct on the part of the Chief Justice of Pakistan?

(21) Was a BMW car, Registration No. RAZIA 1 in use of the Chief Justice of Pakistan and his family? If so, was this a gift or merely loaned?

If owned, did the Chief Justice of Pakistan have the resources to justify it and was it declared?

If not, was the use of a luxury car procured from unknown sources, an act of misconduct on part of the Chief Justice of Pakistan?
(22) Were there any cases in which the orders announced in open court were at variance with the written orders? If so, did the same constitute misconduct on the part of the Chief Justice of Pakistan?

(23) Letter dated 16.2.2007 from Naeem Bokhari received widest possible circulation. Couched in respectful language, it was an indictment of the conduct of the Chief Justice of Pakistan. Between 17.2.2007 till 9.3.2007, what steps did the Chief Justice of Pakistan take to meet this indictment? If no steps were taken, did this not constitute `an admission' on the part of the Chief Justice of Pakistan?

The above questions cannot be answered by the withdrawal of the Presidential Reference. They can only be put to rest by the report of the Supreme Judicial Council.

If the Supreme Judicial Council concludes that the acts attributed to the Chief Justice of Pakistan were not done by him OR if done by him, do not constitute misconduct, the matter will be settled once for all. The Presidential Reference would have been answered and the controversy resolved judicially. The attempt to resolve it extra judicially, serves neither the cause of lawyers nor of judges.

Once the Chief Justice of Pakistan hands were found to be untainted, he would come back stronger and cleaner. Everybody will benefit from his supremacy of the Constitution and its implementation.

Are the protesting lawyers blocking a constitutional provision, requirement and process from functioning? Who benefits from a boycott of the courts? And what is the fault of litigants, whose interests and rights are placed in limbo, if not in actual jeopardy?
 Reply:   who wants to debate to die dow
Replied by(Noman) Replied on (29/Apr/2007)
I am of the view, the TV channels, particularly Talat Hussain of Aaj and Mubashir Luqman of Business Plus should have found out the authenticity of the claim, and located the writer of the l
The following letter published in Dawn, 01-04-2007, gives the fact behind creation of Supreme Judicial Council. If this has drawn any attention of the people speaking blah blah all the time on TV, including anchor persons, a lot of confusion could have been cleared. I am of the view, the TV channels, particularly Talat Hussain of Aaj and Mubashir Luqman of Business Plus should have found out the authenticity of the claim, and located the writer of the letter and brought on camera to through more light on the matter. But who wants to debate to die down? Syed Sayef Hussain sayefhussain@yahoo.com
 
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Dawn, letter to the editor, 01-04-2007
 
Supreme Judicial Council


AS one who was partly responsible for the creation and introduction of the Supreme Judicial Council in the 1960 Constitution of Field Marshal Ayub Khan and which was not part of the 1956 Constitution and was incorporated in the 1973 Constitution , it is necessary to mention the facts as they then were:

The then president Ayub Khan had called me to Rawalpindi primarily to advise him on law reform. However, due to my developing a close relationship with Mr Manzur Qadir, the chairman of the Constitution Committee, I started giving him my ideas on constitution- making also.

One day I received a call from the Army House to come the very next day at 4pm to meet the president. When I asked Mr Manzur Qadir about what he would talk to me, he said it might be anything and everything, and suggested not to take my files with me, as the president hates files. So before going to the Army House I wrote down on the palms of my hand important points on law reform and constitution- making.

President Ayub Khan suggested that I should consider introducing in the draft constitution "” which was actually being drafted by chief draftsman Mujahid Hussain (father of Chishti Mujahid, the cricket commentator) and an Australian draftsman Article 13 of the French Constitution of de Gaulle - under which a member of parliament had to resign from the National Assembly if he was appointed a minister in the cabinet.

This proviso was struck down later on by the Supreme Court of Pakistan and in which I had consulted Justice (r) Lari, Mr Mahmud Ali Kasuri and Mr A.K. Brohi.

Although Mr Brohi only appeared in the Supreme Court but Chaudhry Fazle Ilahi (later president of Pakistan ) and Mr Kamal Hussain of East Pakistan were on the panel but since I was the "˜prime mover', he also invited me to join the team of lawyers. Mr Justice Cornelius gave the decision in our favour.

I, on the other hand, under the influence of Montesquie's "˜theory of separation of powers' put up the proposal before the president for the creation of the "˜Supreme Council of the Judiciary'. To which he agreed and asked me to discuss it with Mr Manzur Qadir and the law secretary ( law minister Justice Ibrahim of East Pakistan was not taking part in constitution- making). So after getting their approval, I asked Mr Mujahid Hussain to prepare the draft which he did and after making some changes on my request, I gave it to Mr Manzur Qadir.

So, the Supreme Judicial Council was ultimately created under the 1960 Constitution of Ayub Khan.

Subsequently, it was also adopted by the framers of the 1973 Constitution.

I must, in conclusion, emphasise that at no time during the preparation of the draft of the Supreme Court Judicial Council did I imagine or visualise that it could and would be used against the chief justice of Pakistan as this would be against Montesquie's theory of separation of powers. I only had in mind the judges of the high court and not even the judges of the esteemed Supreme Court of Pakistan .

As regards the US Constitution, which was made under the influence of Montesquie theory of "˜separation of powers', the judges once appointed cannot be removed by the executive or the legislature "” they remain on the bench till their death.

SAMIN KHAN
Karachi

 
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